Srinagar: The Jammu and Kashmir Cabinet on Monday resubmitted its Transaction of Business Rules to Lieutenant Governor Manoj Sinha after addressing his query on whether the document had been framed in accordance with the rules, officials said.
The officials familiar with the matter said the Cabinet, presided over by Chief Minister Omar Abdullah, sent the proposal back with no changes for Sinha’s final approval.
This was the first Cabinet meeting after government offices resumed functioning from Srinagar, the summer capital.
The officials said the Cabinet deliberated on the lieutenant governor’s query, asking it if all procedures had been followed while framing the Transaction of Business Rule (TBR).
The Cabinet concluded that the objections lacked merit and decided to resubmit the TBR in its original form and informed the lieutenant governor’s office that all procedures had been followed while framing the document.
The move underscores a potential difference in opinion between the elected government and the lieutenant governor’s office on the procedural framework governing the administration.
The TBR defines the processes and protocols for how the elected government and the lieutenant governor’s office conduct their affairs.
Among the contentious issues in the Union Territory are the transfers done by the lieutenant governor-led administration by placing All India Services officers on posts meant for the Jammu and Kashmir administrative cadre.
Under the Jammu and Kashmir Reorganisation Act, the lieutenant governor looks after All India Services officers while the Union Territory government is entrusted with administrative services officers of the erstwhile state.
Earlier, quoting reliable government sources, reports said, “file pertaining to CSC recommendations was sent to Raj Bhawan in the month of March this year but was returned recently with several queries, pointing out that the procedure for framing of TBR has to be in consonance with the Reorganization Act”.
Sources elaborated, “the Cabinet Sub-Committee in contravention of the provision of Reorganisation Act and subsequent Business Rules issued by Union Home Ministry in 2023 and 2024, had recommended sweeping power to the Council of Ministers. The Sub-Committee had recommended that all transfers of IAS/ IPS officers will be recommended by the LG to the Council of Ministers and latter shall be final authority in all such matters. Further the appointment of Advocate General will be finalized by Chief Minister’s office and not LG office as was before enactment of Reorganisation Act”.
These recommendations are in contrary to the Section 53 of the J&K Reorganisation Act, which clearly states that the Lt Governor shall, in exercise of his functions, act in his discretion in matters related to All India Services and Anti-Corruption Bureau, besides matters that fall outside the powers of the Legislative Assembly or relate to the exercise of any judicial functions.
Further, Rule 42A of the amended Transaction of Business Rules under J&K Reorganisation Act, 2019 issued in 2024 by MHA states that the Department of Law, Justice and Parliamentary Affairs must submit proposals for appointing the Advocate-General and other law officers to assist in court proceedings for the L-G’s approval, routed through the Chief Secretary and the Chief Minister.
As Darbar Move offices resumed functioning in Srinagar today, NC leader Tanvir Sadiq said efforts are underway to revive the traditional biannual practice of shifting government offices between Jammu and Srinagar.
The Darbar Move was a biannual tradition in Jammu and Kashmir, in which the capital of the government shifted between Srinagar and Jammu every six months.
“The Darbar Move was vital for bonding between Kashmir and Jammu. It was unfortunately closed in recent years, but we are trying to revive it,” Sadiq said.
He added that the administration plans to hold the Darbar Move in summer this year. “Inshallah, it will happen this summer. You’ll see the impact more clearly by next winter,” he said.
The NC Chief spokesman said Omar Abdullah’s promise to restart the Darbar Move will definitely be fulfilled.
Cabinet resubmits TBR rules to LG with no changes for ‘final’ approval
